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Trespass - Property Owner Dissolved Corporation (NM)

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NMRic

New member
A nearby piece of land that I cross while hiking is posted by it's previous owner (a corporation). The state department of corporations shows that the corporation was voluntarily dissolved several years ago.

Is it reasonable, since the county has confirmed that the land owner is still listed as the corporation (which no longer exists), to consider the land "abandoned"? What is the validity of a posted sign when the responsible party listed on the sign no longer legally exists?

Alternatively, who could legally give consent to enter on behalf of a corporation that no longer exists?
 


LdiJ

Senior Member
A nearby piece of land that I cross while hiking is posted by it's previous owner (a corporation). The state department of corporations shows that the corporation was voluntarily dissolved several years ago.

Is it reasonable, since the county has confirmed that the land owner is still listed as the corporation (which no longer exists), to consider the land "abandoned"? What is the validity of a posted sign when the responsible party listed on the sign no longer legally exists?

Alternatively, who could legally give consent to enter on behalf of a corporation that no longer exists?
The land is owned by somebody. The corporation may still own it (even though its dissolved), it may have been sold to another party or it may have been distributed to the shareholders (most likely).
 

Just Blue

Senior Member
A nearby piece of land that I cross while hiking is posted by it's previous owner (a corporation). The state department of corporations shows that the corporation was voluntarily dissolved several years ago.

Is it reasonable, since the county has confirmed that the land owner is still listed as the corporation (which no longer exists), to consider the land "abandoned"? What is the validity of a posted sign when the responsible party listed on the sign no longer legally exists?

Alternatively, who could legally give consent to enter on behalf of a corporation that no longer exists?
Land isn't like a car left in a vacant lot for 6 months. You can't abandon it and forfeit your ownership. Stay off land that says "No Trespassing".
 
A nearby piece of land that I cross while hiking is posted by it's previous owner (a corporation). The state department of corporations shows that the corporation was voluntarily dissolved several years ago.

Is it reasonable, since the county has confirmed that the land owner is still listed as the corporation (which no longer exists), to consider the land "abandoned"? What is the validity of a posted sign when the responsible party listed on the sign no longer legally exists?

Alternatively, who could legally give consent to enter on behalf of a corporation that no longer exists?
I don't know what County you live in but most of them have an on-line searchable database for property tax records, like this from Santa Fe.
https://www.santafecountynm.gov/assessor/online_toolsFind out who owns it, then get permission.
 

NMRic

New member
I don't know what County you live in but most of them have an on-line searchable database for property tax records, like this from Santa Fe.
https://www.santafecountynm.gov/assessor/online_toolsFind out who owns it, then get permission.
I've gone over the property records online as well as spoken with the county directly. The owner that is listed isn't in business anymore and the corporation is dissolved. All the county would tell me was "this kind of thing happens all of the time" and that they "stay out of it as long as someone keeps paying the taxes". So there's apparently no one that I CAN contact to get permission.

Wouldn't be as much of an issue if the plot of land wasn't smack dab between two Bureau of Land Management areas so that five miles into a hike you have to navigate up a mountainside to get around this random 620 acre parcel.

It is what it is, I appreciate the help!
 

Mass_Shyster

Senior Member
There was a movie theater that closed down recently. The theater operator had a lease and was paying rent through a law firm. They were unable to contact the owner to negotiate a new lease, so moved out. The building stood abandoned for a few years until the town took it for back taxes. They sold it to another entertainment group who plans to (re)open a movie theater.

You may be able to check to see if the taxes are being paid.

Also, in your first post, you admitted to trespassing. You shouldn't do that. In my location, trespassing where a sign is posted is a criminal offense.
 

NMRic

New member
Here is a link to New Mexico's trespassing on posted property law:
https://law.justia.com/codes/new-mexico/2017/chapter-30/article-14/section-30-14-6/
The "no trespassing" sign should include the name and address of the person under whose authority the property is posted, to be in compliance with the law.

Trespassing on posted property is (generally) charged as a misdemeanor.
The only "posted" sign is a sign at the road stating it's the private property of XYZ Corp with an address and phone number along with "NO TRESPASSING" "NO MINING". The business at the address has never heard of the company and they've been at that address for over 15 years. Attempting to call the number from a cell just disconnects the call, if calling from a land line it gives the "We're sorry; you have reached a number that has been disconnected or is no longer in service."
 

quincy

Senior Member
The only "posted" sign is a sign at the road stating it's the private property of XYZ Corp ...
... All the county would tell me was ... they "stay out of it as long as someone keeps paying the taxes". So there's apparently no one that I CAN contact to get permission. ...
The property is not abandoned if someone is paying taxes on it. You need to locate the one paying taxes on the property. Go to the assessor's office in person and check the property tax records. You are unlikely to get the information over the phone.
 

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